960002_PC-2020-0024_20220222

DrcuSlgnEnvelope ID: F604r5DB-7380-4F9E-13CB2-1E837D22DC4E
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Enwfronmental Quality
September 4, 2020
CERTIFIED MAIL - #7018 0040 0001 1449 4757
RETURN RECEIPT REQUESTED
Legacy Farms Inc.
Legacy Farms #2
604 Benton Pond Rd
Fieuiont, NC 27830
FIECEMED/NCDENR/Dwii
FEB 2 2 2022
Water Quality
Regional Operations Section
Washington Regional Office
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 960002
Wayne County
Enforcement File No. PC-2020-0024
Dear Legacy Farms Inc.:
This letter transmits notice of a civil penalty assessed against Legacy Farms Inc.
in the amount of $1,500.00 and $171.96 in investigative costs, for a total of $1,671.96. Attached is a copy
of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environmental Quality. Any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty. _
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment ?x +.13t i.
Pav-i,;nt should be made directly to the order u. the Department of Environmental Quality (tin not
_.ade waiver form). Payment of the penalty will not foreclose further enforcement hcti'
continuing or new violation(s). Please submit payment to the attention of:
Heath C Robinson
Animal Feeding Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
C
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Sa bury Street 1 1636 Mall Service Center 1 Ralelgh, North Carolina 27699-1636
919.707.9000

yicuStgnEnvdope ID: F6o4F5DB-7380-4F9E-8CB2-1E837D22DC4E
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with icstaictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel:' [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 .Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
Dosoligned by:
PeOfini
Jeff Poupartie° 4°D° ".-
Water Quality Permitting Section
Division of Water Resources
ATTACHMENTS
cc: Washington WQROS Regional Supervisor w/ attachments
File # PC-2020-0024 w/ attachments
WQPS Central Files w/ attachments
Wayne County Health Department

��cu$lgtG Envelope ID: F604F5DB-7380-4F9E-6CB2-1 E837D22DC4E
STATE OF NORTH CAROLINA
COUNTY OF WAYNE
IN THE MA U ER OF
LEGACY FARMS INC.
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
File No. PC-2020-0024
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENAL 'TIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality, 1, Jeff Poupart, Water Quality Permitting Section Chief of the Division of Water Resources make
the following:
L FINDINGS OF FACT:
A. Legacy Farms, Inc. owns Legacy Farms #2, a swine animal feeding operation in Wayne
County.
B. Legacy Farms #2 was permitted with a Certificate of Coverage AWS960002 under General
Permit AWG100000 for Legacy Farm Inc. on October 1, 2019, effective upon issuance, with
an expiration date of September 30, 2024. The prior certificate of coverage was issued
October 1, 2014 and expired on September 30, 2019.
C. Condition No. II.1. of General Permit AWG100000 states that "The collection, treatment, and
storage facilities, and the land application equipment and fields shall be properly operated
and maintained at all times."
D. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS),conducted a routine compliance inspection at this facility. It
was observed that small woody vegetation was growing on the banks and toe of the lagoons.
It was apparent the spray fields had not been mowed and harvested since spring (if then), and
tall dog fennel as well as other weeds were rampant.
E. Condition 1112, states, "Trees, shrubs, and other woody vegetation shall not be allowed to
grow on the lagoon/storage pond embankments. Lagoon/storage pond areas shall be
accessible, and vegetation chart be kept mowed."
F. On December 12, 2019, the Division of Water Resources (DWR), Water Quality Regional ,
Operations Section (WQROS), conducted a routine compliance inspection at this facility. It
was apparent the lagoon banks had not been mowed in some time with the exception of a
pathway providing access, to view the freeboard marker. Small woody vegetation was
observed growing on the banks and toe of the lagoons.
1

slocuSIgn►Envelope ID: F804F5DB-7380-4F9E-8CB2-1E837D22DC4E
Based upon the above Findings of Facts, I make the following.
II. CONCLUSIONS OF LAW:
A. Legacy Farms, Inc. is a `person" within the meaning of G. S. 143-215.6A pursuant to G. S.
143-212(4).
B. The above cited failure to maintain the lagoons and fields as stated in Findings of Fact I.D
violates Condition No. 11.1 of General Permit AWG100000 to properly maintain the waste
structure and spray fields.
C. The above cited failure to keep the lagoon embankments free of vegetation as stated in
Findings of Fact I.F violates Condition No. 11.12 of General Permit AWG100000 to prevent
trees, shrubs, or other woody vegetation from growing on the waste structure embankments.
D. The above cited failure to provide a current waste analysis as stated in Findings of Fact I.H
violates Condition No. 1 1.5 of General Permit AWG100000 to conduct a waste analysis
within sixty (60) days of land application of waste.
E. The above cited failure to provide completed irrigation (DRAG 2) forms as stated in Findings
of Fact I.J violates Condition No. 111.6 of General Permit AWG100000 to keep a record of all._ ..
irrigation and nutrient loading events on the fields.
F. The above cited failure to provide weekly stocking and mortality records as stated in Findings
of Fact I.L violates Condition No. III.8 of General Permit AWG100000 to maintain weekly
stocking and mortality records for the facility.
G. The above cited failure to provide current sludge surveys for the lagoons and failure to
provide a Sludge Plan of Action for lagoons 1. and 2 as stated in Findings of Fact I.N violates
Condition No. 111.22 of General Permit AWG100000 to conduct an annual sludge survey and
to provide a Sludge Plan of Action in the event the structure dos not satisfy the criteria set by
NC NRCS Conservation Practice Standard No. 359.
H. Legacy Farms, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but fails
to act in accordance with the terms, conditions, or requirements of a permit required by G.S.
143-215.1.
I. The State's enforcement costs in this matter may be assessed against Legacy Farms, Inc.
pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
J. The Chief of the Water Quality Permitting Section, Division of Water Resources, pursuant to
delegation provided by the Secretary of the Department of Environmental Quality and the
Director of the Division of Water Resources, has the authority to assess civil penalties in this
matter.
3

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF WAYNE
IN THE MATTER OF ASSESSMENT
OF CIVIL, PENALTIES AGAINST
LEGACY FARMS INC.
PERMIT NO. AWS960002
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2020-0024
Having been assessed civil penalties totaling $1,671.96 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated July 21, 2020, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Resources within •
thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the notice of assessment.
This the day of , 2022
Signature
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2020-0024
Assessed Party: Leaacv Farms Inc.
Permit No.: AWS960002
County: Wayne
Amount assessed: $ 1,671.96
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty, assessment
document. By lawjNCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies To
your case and provide a defailed explanation,including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b)
the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable -or something you could not prevent or prepare for); - - -
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION: